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2018 (12) TMI 1899 - AT - Income TaxExistence of Permanent Establishment/Business connection in India - Taxability of business Income earned in India, by company incorporated outside India - DTAA between India and Switzerland - HELD THAT:- As decided in own case [2015 (4) TMI 905 - ITAT MUMBAI] assessee does not have any business connection in India in the light of Explanation-2 to Section 9(1) of the Act. The assessee does not have PE in India. The facts on record show that there is neither Service PE nor Agency PE in the form of SESIPL. Considering the facts in totality in the light of the relevant provisions of the law and DTAA and the judicial decisions referred to herein above, we have no hesitation in setting aside the assessment order and accordingly we direct the AO not to treat the income of the assessee as taxable under the Act. - Decided against revenue. Non-granting of credit for tax deducted at source (TDS) as claimed in the revised return of income and non-computing of interest u/s 234B - HELD THAT:- Since these matters are factual and required verification on account of non-verification of the revised return of income as well as calculation of interest in accordance with law, therefore, we set aside the finding of the AO on these issues and restored of the matter afresh before the AO to decide the matter of controversy afresh by giving an opportunity of being heard to the assessee in accordance with law.
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